STATUTORY RULES.
1945. No. 40.
Regulation 13B of the National Security (General) Regulations is repealed and the following regulation inserted in its stead:-
Destruction of telegrams
“13B. Notwithstanding the provisions of section 64 of the Post and Telegraph Act 1901-1934 and Article 98 of the Telegraph Regulations aannexed to the International Telecommunication Convention, any person having the custody or control of any records in relation telegrams which have been transmitted (including the originals of the telegrams) shall destroy them as follows:-
(a) In the case of Commonwealth telegrams,.—the originals and any copies thereof (including received telegraph tape records of the telegrams)—upon the expiration of twelve months after the date of lodgment;
(b) In the case of international telegrams—
(i) the originals thereof—upon the expiration of twelve months after the date of lodgment;
(ii) where a telegraph tape record and a corresponding message record exists in any telegraph office, the telegraph tape record--upon the expiration of three months after the date of lodgment; and
(iii) other copies—upon the expiration of twelve months, after the date of lodgment or as soon as the relative accounts are settled and any statistical work in connexion therewith is completed in accordance with the requirements of the International Telecommunication Convention and the Regulations thereunder, whichever is the earlier; and
(c) In any case in which the Postmaster-General by order requires that all such records be destroyed as are in existence at the date the order is wade--forthwith on the making of any such order.".
(p) Made under the National Security Act 1939-1943 on 21st March 1945; notified in the Gazette on 22nd March 1945.
Overview
Statutory Rules 1945 No. 40, which was enacted on 21st March 1945 and notified in the Gazette on 22nd March 1945, amends the National Security (General) Regulations to address the management and destruction of telegram records in the context of national security. This legislative instrument was created under the National Security Act 1939-1943 by the Parliament of Australia. The primary objective of this regulation is to ensure that sensitive information contained within telegrams is appropriately disposed of to safeguard national security interests, overriding the general provisions in the Post and Telegraph Act 1901-1934 and the Telegraph Regulations annexed to the International Telecommunication Convention. The regulation sets specific timelines for the destruction of telegram records, distinguishing between Commonwealth and international telegrams to ensure compliance with both national and international requirements.
Scope and Application
The Statutory Rules of 1945, No. 40, amending Regulation 13B of the National Security (General) Regulations, sets forth stringent requirements for the destruction of records related to telegrams, superseding existing provisions under the Post and Telegraph Act 1901-1934 and the Telegraph Regulations annexed to the International Telecommunication Convention. This regulation applies to any person who has custody or control of telegram records, including original telegrams and their copies, and mandates their destruction after specified periods. For Commonwealth telegrams, all originals and copies must be destroyed twelve months after the date of lodgment, while for international telegrams, originals are to be destroyed twelve months after lodgment, and telegraph tape records must be destroyed three months post-lodgment. Other copies of international telegrams should be destroyed twelve months after lodgment or as soon as the relative accounts are settled and any statistical work is completed, whichever is earlier. Additionally, any order by the Postmaster-General requiring immediate destruction of existing records must be complied with forthwith. The regulation extends its jurisdictional reach to the Commonwealth level, ensuring that national security protocols are strictly adhered to.
Key Provisions
The primary operative section of this statutory rule is regulation 13B, which replaces the existing regulation on the destruction of telegrams (section 1(a)). This regulation mandates the destruction of records related to telegrams, including originals and copies, under specific timeframes depending on the type of telegram. For Commonwealth telegrams, originals and any copies must be destroyed twelve months after the date of lodgment (section 1(a)(a)). For international telegrams, originals must be destroyed twelve months after lodgment, while telegraph tape records must be destroyed three months after lodgment, and other copies must be destroyed twelve months after lodgment or once accounts and statistical work are completed, whichever is earlier (section 1(a)(b)). The regulation also allows for the immediate destruction of all such records if ordered by the Postmaster-General (section 1(a)(c)).
The Act imposes several obligations on parties in possession of telegram records. Persons having custody or control of telegram records must adhere to the prescribed destruction timelines (section 1(a)). This includes Commonwealth entities for Commonwealth telegrams, and relevant authorities or individuals for international telegrams. Additionally, the regulation requires that any statistical work and account settlements related to telegram records be completed before the destruction of other copies of international telegrams (section 1(a)(b)(iii)). Failure to comply with these obligations could result in the continued existence of sensitive information beyond the mandated periods.
Failure to comply with the provisions of this regulation can lead to various consequences. The Act does not explicitly state penalties or offences for non-compliance, but non-compliance could potentially result in legal action for mishandling sensitive information or breach of national security protocols. Given the context of national security, such breaches could have significant civil or criminal repercussions, depending on the nature and impact of the non-compliance. The exact consequences would need to be assessed under the broader legislative framework governing national security and information management.